Jo Benoit v. Barbara Rickard


UNPUBLISHED PER CURIAM OPINION filed. Motion disposition in opinion--denying Motion to compel [1000086875-2]; granting Motions to proceed in forma pauperis (FRAP 24) [1000089356-2], [1000082603-2]. Originating case number: 1:16-cv-00073. Copies to all parties and the district court. [1000124566]. Mailed to: Jo Benoit. [17-6487]

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Appeal: 17-6487 Doc: 19 Filed: 07/25/2017 Pg: 1 of 2 UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT No. 17-6487 JO BENOIT, a/k/a Elissa Jo Benoit, Petitioner - Appellant, v. BARBARA RICKARD, Warden, Respondent - Appellee. Appeal from the United States District Court for the Southern District of West Virginia, at Bluefield. David A. Faber, Senior District Judge. (1:16-cv-00073) Submitted: July 20, 2017 Decided: July 25, 2017 Before DUNCAN and WYNN, Circuit Judges, and HAMILTON, Senior Circuit Judge. Affirmed by unpublished per curiam opinion. Jo Benoit, Appellant Pro Se. Stephen Michael Horn, Assistant United States Attorney, Charleston, West Virginia, for Appellee. Unpublished opinions are not binding precedent in this circuit. Appeal: 17-6487 Doc: 19 Filed: 07/25/2017 Pg: 2 of 2 PER CURIAM: Jo Benoit, a federal prisoner, appeals the district court’s order accepting the magistrate judge’s recommendation to dismiss her 28 U.S.C. § 2241 (2012) petition and denying her motion for reconsideration of the denial of her motions to compel. We have reviewed the record and find no reversible error. Accordingly, although we grant leave to proceed in forma pauperis, we deny her motion to compel in this court and affirm for the reasons stated by the district court. Benoit v. Rickard, No. 1:16-cv-00073 (S.D.W. Va. Feb. 7, 2017). We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process. AFFIRMED 2

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